289 F2d 458 Buckley v. United States

289 F.2d 458

William H. BUCKLEY, t/a Tri-Counties Broadcasting Company, Petitioner,
UNITED STATES of America, and Federal Communications Commission, Respondents,
National Broadcasting Company, Inc., Intervenor.

No. 15501.

United States Court of Appeals District of Columbia Circuit.

Argued December 5, 1960.

Decided March 30, 1961.

Petition for Rehearing En Banc Denied April 21, 1961.

On petition for review and to compel action by Federal Communications Commission.

Mr. Benedict P. Cottone, Washington, D. C., with whom Mr. Arthur Scheiner, Washington, D. C., was on the brief, for petitioner.

Mr. Max D. Paglin, now Gen. Counsel, Federal Communications Commission, with whom Messrs. John L. FitzGerald, Gen. Counsel of the Federal Communications Commission at the time the brief was filed, Richard M. Zwolinski, Counsel, Federal Communications Commission, Richard A. Solomon and Henry Geller, Attys., Dept. of Justice, were on the brief, for respondents.

Mr. Denis G. McInerney, New York City, with whom Messrs. Eugene F. Sikorovsky and Howard Monderer, Washington, D. C., were on the brief, for intervenor.

Before BAZELON, WASHINGTON and BURGER, Circuit Judges.


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The order of the Commission is affirmed. Harvey Radio Labs., Inc. v. F. C. C., 110 U.S.App.D.C. ___, 289 F.2d 458.